R.SUBBIAH, R.BANUMATHI
Branch Manager, The Oriental Insurance Company Limited – Appellant
Versus
R. Geetha – Respondent
R. Banumathi, J.
1. Being aggrieved by the quantum of compensation of Rs.15,92,600/- awarded for the death of Raja in a road traffic accident on 04.05.2007, the Appellant-Insurance Company has preferred C.M.A.No.2505 of 2010. Being dissatisfied with the quantum of compensation, Claimants have preferred C.M.A.No.407 of 2012. Since both the appeals arise out of the same Award, both the appeals were heard together and shall stand disposed of by this common judgment.
2. Brief facts are that deceased Raja and their family members and relatives had been to Kerala tour by Toyota Qualis car bearing registration No.TN-24 4365 (Private Taxi). On 04.05.2007 at 11.30 P.M. when the car was proceeding on Mettur-Bhavani Main road, opposite of Chinnapallam E.S.R.Garden, the driver of the Qualis car drove the same in rash and negligent manner and dashed against the stationery lorry bearing registration No.KA-01 A 6229. Due to the impact, the front portion of the Qualis car got crushed and went under the lorry chassis. Raja and his brother-in-law Gopal died on the spot. The other occupants of the car sustained grievous injuries. Deceased Raja was aged 50 years at the time of accident and
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